Office of the
District Attorney
Alameda County
Nancy E. O'Malley, District Attorney

2000 Editions

Articles

Citizen's Arrests: Superseded by Fall 2007 article.
Covert Search warrants: Superseded by Fall 2002 article.
Police "Contacts": Superseded by Summer 2006 article.
Workplace Searches
Questioning Charged Suspects: Superseded by Spring 2007 article.

Recent Cases

People v. Matelski (2000) 82 Cal.App.4th 837
ISSUE: When officers arrive at a residence to conduct a probation search, under what circumstances may they detain visitors on the premises?

People v. Dey (2000) 84 Cal.App.4th 1318
ISSUE: If officers find illegal drugs in the passenger compartment of a vehicle, can they search the trunk for additional drugs if the quantity of drugs in the passenger compartment indicated it was possessed only for personal use?

People v. Hoag (2000) 83 Cal.App.4th 1198
ISSUES: (1) Can a defendant challenge an alleged knock-notice violation if he was not at home when the entry was made? (2) Did officers substantially comply with the knock-notice requirements?

People v. Davis (2000) 84 Cal.App.4th 390
ISSUE: Under what circumstances is a search warrant required to inspect a jail inmate's property?

People v. Amador (2000) 24 Cal.4th 387
ISSUE: Under what circumstances is a search warrant required to inspect a jail inmate's property?

U.S. v. Hay (9th Cir. 2000) 231 F.3d 630
ISSUES: (1) Did probable cause exist for a warrant to search Hay's computer for child pornography? (2) Was the description of the computer equipment to be seized reasonably particular?

Mena v. City of Simi Valley (9th Cir. 2000) 226 F 3d 1031
ISSUES: Were officers who executed a search warrant entitled to qualified immunity in a civil case where the plaintiffs alleged, (1) the search warrant was overbroad, (2) the search was overbroad, (3) the officers unlawfully detained them, and (4) the officers caused unnecessary damage to the premises?

U.S. v. $109, 179 (9th Cir. 2000) 228 F.3d 1080
ISSUES: (1) Did officers have grounds to detain Maggio? (2) Was the detention, in reality, an unlawful arrest? (3) Did officers have grounds to pat search Maggio? (4) Did the officers' act of inserting a key into the lock of Maggio's car constitute a search?

U.S. v. Granville (9th Cir. 2000) 222 F.3d 1214
ISSUES: (1) Did officers who were executing a search warrant comply with the knock-notice requirements? (2) If not, was compliance excused by exigent circumstances?

People v. Reyes (2000) 83 Cal.App.4th 7
ISSUE: Did a ruse utilized by narcotics officers render a subsequent encounter with suspect an unlawful detention, thus invaliding the suspect's consent to search?

People v. Camacho (2000) 23 Cal.4th 824
ISSUES: (1) Did officers have implied consent to enter the side yard of the defendant's home? (2) Did exigent circumstances justify an officer's entry into Camacho's side yard?

People v. Robles (2000) 23 Cal.4th 789
ISSUES: If officers conduct a warrantless search of a residence, does an occupant of the premises have standing to challenge the search if, (1) the only legal justification for the search was that another occupant was subject to a probation search condition, and (2) officers were unaware of the search condition when they conducted the search?

U.S. v. Poehlman (9th Cir. 2000) 217 F.3d 692
ISSUE: Did officers entrap a suspect into attempting to commit a sex crime?

Dickerson v. United States (2000) 530 U.S. 428
ISSUE: Must law enforcement officers continue to comply with the Miranda procedure, or was Miranda abrogated by Congress 1968?

People v. Channing (2000) 81 Cal.App.4th 985
ISSUE: Was an officer's observation of a marijuana garden on the defendant's property unlawful because the officer was a trespasser?

People v. Russell (2000) 81 Cal.App.4th 96
ISSUE: Did a traffic stop become unlawful when an officer asked the occupants questions that did not pertain to the suspected traffic violation?

People v. Brewer (2000) 81 Cal.App.4th 442
ISSUES: (1) If an officer obtains a statement from a suspect in violation of Miranda, can the statement be used to establish probable cause for a warrant to search the suspect's home? (2) If an officer asks an incarcerated suspect for consent to search, must the officer first obtain a Miranda waiver?

People v. Oldham (2000) 81 Cal.App.4th 1
ISSUE: Did officers reasonably believe that Oldham's father had authority to consent to a search of Oldham's bedroom?

People v. Jenkins (2000) 22 Cal.4th 900
ISSUES: (1) Was it reasonable for officers to believe that the defendant's sister could consent to a search of the defendant's briefcase? (2) If physical evidence was discovered as the result of an involuntary statement by a third person, must that evidence be suppressed in the trial of another?

In re Humberto O. (2000) 80 Cal.App.4th 237
ISSUES: (1) Did officers have grounds to detain a juvenile for truancy? (2) Before transporting a truant to school, may officers search him incident to an "arrest?" (3) If so, what is the permissible scope of such a search?

People v. Fradiue (2000) 80 Cal.App.4th. 15
ISSUE: Under what circumstances must officers obtain a Miranda waiver before questioning a suspect who is serving time in prison?

Bond v. United States (2000) 529 U.S.334
ISSUE: Does a "search" occur when an officer picks up a person's soft luggage and squeezes it to determine whether it contains drugs?

People v. Waidla (2000) 22 Cal..4th 690
ISSUE: After a murder suspect invoked his Miranda right to counsel, did his comments to officers reasonably indicate he had changed his mind and wanted to talk to them about the crime?

Florida v. J.L. (2000) 529 U.S. 266
ISSUE: Can officers lawfully pat search a person based solely on an anonymous telephone tip that the person is carrying a concealed weapon?

People v. Needham (2000) 79 Cal.App.4th 260
ISSUES: (1) Did a sheriff's department's "oral" policy regarding vehicle inventory searches satisfy the requirement that inventory searches be conducted pursuant to standardized procedures? (2) Was the inventory search of the motorcycle driven by the defendant reasonable in scope?

U.S. v. Garcia (9th Cir. 2000) 205 F.3d 1182
ISSUES: (1) Was a traffic stop unduly prolonged? (2) Did the arresting officer have probable cause exist to search a tissue box? (3) Was the search of the car's glove box and trunk lawful?

People v. Allen (2000) 78 Cal.App.4th 445
ISSUE: If officers have probable cause to believe that drugs have been hidden in a bicycle, can they search the bike without a warrant?

People v. Watson (2000) 22 Cal.4th 220
ISSUE: Did a "sting" operation, in which officers left an unlocked car in a public place--with the keys in the ignition--constitute entrapment?

Illinois v. Wardlow (2000) 528 U.S. 119
ISSUE: May officers detain a person on grounds he was in a high crime area and he ran from them?

In re Robert E. (2000) 77 Cal.App.4th 557
ISSUE: Did officers violate the defendant's Sixth Amendment right to counsel by questioning him about a crime that was separate, but somewhat related, to a crime with which he had been charged and was represented by counsel?